Standards Committee and the Whistleblowing Journey

Mr Mel Jehu MBE, Chair of Standards Committee

This post looks at all the meetings of the Standards Committee from July 2016 that refer to Whistleblowing.

I have used the July 2016 starting point because that was the nearest date to when the Senior HR Officer was invited to attend a meeting with Carys Kennedy (Head of Legal) and Fran Donnelly (HR Manager) on 7th June 2016

This was the meeting where the Senior HR Officer was told that if he did not agree to sign a Non Disclosure Agreement and resign he would be the subject of a Some Other Substantial Reason investigation which could result in his dismissal.

He refused to sign and he was Unfairly Dismissed in January 2017 following a fabricated SOSR investigation.

He was dismissed because 5 Head Teachers from the Southern cluster Group of Schools demanded it.

All the details are covered in my blog posts.

Updated – My investigation into the Journey of the WAO Report on the Review of Whistleblowing Arrangements relating to Safeguarding at Merthyr Council (aka THE REPORT)

You will not find any reference to these events in any of these Committee Papers.

Agenda and minutes Standards – Friday, 15th July, 2016 2.00 pm

Date Written 6th July 2016 Report Author Carys Kennedy Exempt/Non Exempt Non Exempt Committee Date 15th July 2016

https://democracy.merthyr.gov.uk/documents/s33214/Committee%20Report.pdf?LLL=0

1.0 SUMMARY OF THE REPORT
1.1 It was agreed at the meeting of the Standards Committee on 4th September 2015
that an annual report from the Monitoring Officer would be included in the
Committee’s work programme.
1.2 This report sets out the numbers of whistleblowing referrals that have been made
over the course of the last three years and their outcomes.
1.3 This report also provides information about the review by the Wales Audit Office in 2015 of the Local Authority’s Whistleblowing procedures.
1.4 Finally this reports provides information about feed-back from staff in response to a staff survey carried out in early 2016
2.0 RECOMMENDATIONS that
2.1 The content of this report be noted

MINUTES OF MEETING STANDARDS COMMITTEE FRIDAY, 15TH JULY, 2016

Min 200: Whistleblowing Simon Jones advised members that the Council is required
to have a Whistleblowing Policy and procedure which provides a format where members of staff can report any behaviour or practice which causes them concern and may potentially put the organisation at risk.
He referred to the review carried out by the Wales Audit Office which outlined that the Authority’s process was on the whole satisfactory but a number of recommendations for improvement were put in place. These recommendations were discussed in detail.

“Discussed in detail”?
What was discussed will never be known 👎

In relation to recommendation number 4, Simon Jones advised that this needed further updating following a review of the Council structure to be carried out shortly.
Detail discussion also ensued in relation to the whistleblowing data outlined in the report for the period 1st April 2013 to 31st March 2016. Simon Jones advised that this data is anonymous as all information relating to whistleblowing must be kept confidential.
Discussion ensued in relation to the following:


What assistance could be given to alleviate staff fears in that they receive proper protection when making a whistleblowing disclosure.
 An update on the 2 complaints that are still the subject of investigation in the period 1 st April 2015 to 31st March 2016.
 Progress on the Action Plan
 What procedures are in place following the conclusion of a complaint.
 Clarification on whether the Authority’s Grievance Policy was reviewed in line with the Whistleblowing Policy.
Clarification on whether the previous administration of the Standards Committee had a role to play with regard to the Whistleblowing Policy.
RESOLVED that: The contents of this report be noted. A copy of the Whistleblowing Policy be sent to members. An Update on the Action Plan be given at the next
Standards Committee

Lots of questions asked recorded in the minutes.
As usual, no answers recorded

Chocolate Teapot

Agenda and minutes Standards – Friday, 18th November, 2016 2.00 pm

1.0 SUMMARY OF THE REPORT
1.1 It was agreed at the meeting of the Standards Committee on 4 th September 2015
that an annual report from the Monitoring Officer would be included in the Committee’s work programme.
1.2 This report sets out the numbers of whistleblowing referrals that have been made over the course of the last three years and their outcomes.
1.3 This report also provides information about the review by the Wales Audit Office in 2015 of the Local Authority’s Whistleblowing procedures.

Reference is made of the WAO review of 2015.
This actual report has never been seen by any Committee.

1.4 Finally this reports provides information about feed-back from staff in response to a staff survey carried out in early 2016


2.0 RECOMMENDATIONS that
2.1 The content of this report be noted

Date Written 9th November 2016 Report Author Carys Kennedy Exempt/Non Exempt Non Exempt Committee Date 18th November 2016

https://democracy.merthyr.gov.uk/documents/s34368/Report.pdf?LLL=0

1.0 SUMMARY OF THE REPORT
1.1 It was agreed at the meeting of the Standards Committee on 4th September 2015
that an annual report from the Monitoring Officer would be included in the Committee’s work programme.
1.2 The Standards Committee meeting of 15th July 2016 was presented with a report
setting out the numbers of whistleblowing referrals that had been made over the
course of the last three years and their outcomes. The report also contained details
of an action plan arising from the review undertaken by the Wales Audit Office and
this has now been completed.


1.3 At the time of writing that report there were two complaints outstanding and these
have now been resolved. A report has been presented to Council setting out an
action plan arising from findings in respect of those two complaints.


2.0 RECOMMENDATIONS that
2.1 The content of this report be noted and a further report be presented in July 2017.

MINUTES OF MEETING STANDARDS MEETING FRIDAY, 18TH NOVEMBER, 2016

Agenda and minutes Standards – Friday, 28th July, 2017 10.00 am


Whistleblowing Policy

To consider report from Carys Kennedy.

Minutes:

Carys Kennedy advised members that the Standards Committee had previously agreed that an annual report on Whistleblowing would be included in the Committee’s work programme.

She referred to the details presented to Standards Committee in July 2016 and discussed in detail the completion of the action plan outlined in the previous report.

She advised that no further whistleblowing complaints have been received since last year.

“No further Whistleblowing complaints have been received”
Yet a Senior HR Officer (Whistleblower) was Unfairly Dismissed in January 2017

RESOLVED that

The Committee notes the contents of the report.

Carys Kennedy will update the Committee of any developments if further complaints are received.

Standards Committee Date Written 20th July 2017 Report Author Carys Kennedy
Exempt/Non Exempt Non Exempt Committee Date 28th July 2017

https://democracy.merthyr.gov.uk/documents/s36467/Committee%20Report.pdf?LLL=0

SUMMARY OF THE REPORT
1.1 It was agreed at the meeting of the Standards Committee on 4th September 2015 that an annual report from the Monitoring Officer would be included in the Committee’s work programme.
1.2 The Standards Committee meeting of 15th July 2016 was presented with a report setting out the numbers of whistleblowing referrals that had been made over thecourse of the last three years and their outcomes. The report also contained details of an action plan arising from the review undertaken by the Wales Audit Office and this has now been completed.
1.3 At the time of writing that report there were two complaints outstanding and so a further report was presented to the November meeting of Standards as well as to Council and an action plan was formulated following conclusion of those two
complaints.
1.4 No further complaints have been received since the report of July 2016 and the
action plan is producing steady progress against objectives set.

“No further complaints have been received since July 2016”
Again, no mention of The Unfair Dismissal


2.0 RECOMMENDATIONS that
2.1 The content of this report be noted and a further report be presented in July 2018.

MINUTES OF MEETING STANDARDS MEETING FRIDAY, 28TH JULY, 2017

Min 160: Whistleblowing Policy Carys Kennedy advised members that the Standards Committee had previously agreed that an annual report on Whistleblowing would be included in the Committee’s work programme.
She referred to the details presented to Standards
Committee in July 2016 and discussed in detail the
completion of the action plan outlined in the previous report.
She advised that no further whistleblowing complaints have
been received since last year.
RESOLVED that The Committee notes the contents of the report.
 Carys Kennedy will update the Committee of any developments if further complaints are received.

Agenda and minutes Standards – Friday, 5th April, 2019 2.00 pm


Min 972: Update on the Whistleblowing Policy

Minutes:

Carys Kennedy advised that there was no update to give to the Committee as no further Whistleblowing complaints have been received.

Discussion ensued in relation to the current Whistleblowing Policy as follows:

Publicity exercise be carried out to remind staff of the provisions in place with the current Whistleblowing Policy.

Statutory protection in place on any complaints received.

Could consideration be given to changing the name of the Policy.

Union involvement.

RESOLVED that:

Carys Kennedy report back to the next appropriate Committee on any further awareness being publicised across the Authority.

MINUTES OF MEETING STANDARDS MEETING FRIDAY, 5TH APRIL, 2019

Agenda and minutes Standards – Friday, 5th July, 2019 2.00 pm


MINUTES OF MEETING STANDARDS MEETING FRIDAY, 5TH JULY, 2019

Verbal Report

173 Update on Whistleblowing Policy
Carys Kennedy referred members to the update at April’s meeting where she confirmed that there was no update to give as no further Whistleblowing complaints had been received and it was agreed that she would report back to this meeting on any further awareness being publicised across the Authority.
She advised members that since the last meeting she has received two Whistleblowing complaints and gave members an update on these.
Following discussions it was RESOLVED that:
 Members will be updated on the progress of the complaints when required.
 The publicity exercise will be carried out when appropriate.

Agenda and minutes Standards – Friday, 15th November, 2019 2.00 pm

Report to Standards Committee Date Written 8th November 2019
Report Author Carys Kennedy Exempt/Non Exempt Non Exempt
Committee Date 15th November 2019

https://democracy.merthyr.gov.uk/documents/s46956/Committee%20Report.pdf?LLL=0

1.0 SUMMARY OF THE REPORT
1.1 It was agreed at the meeting of the Standards Committee on 4th September 2015
that an annual report from the Monitoring Officer would be included in the Committee’s work programme.
1.2 Previous meetings of the Standards Committee have been presented with reports
setting out data about whistleblowing referrals that had been made over the course
of previous years and their outcomes. There has also been a report containing
details of an action plan arising from the review undertaken by the Wales Audit
Office which has now been completed.

There were two WAO Reports dealing with Whistleblowing and Safeguarding issued in August 2019.
These reports have never been seen by any Committee.


1.3 At the time of writing this report there are no live whistleblowing complaints, but the Council needs to be certain that staff are reminded of the process and have sufficient information to enable them to make a report if needed. To that end a programme of awareness raising will need to be agreed by Corporate Management Team.
2.0 RECOMMENDATIONS that
2.1 The content of this report be noted and a further report be presented to Committee
following CMT consideration and agreement of an awareness raising plan.

MINUTES OF MEETING STANDARDS MEETING FRIDAY, 15TH NOVEMBER, 2019

489 Whistleblowing Simon Jones referred members to the Whistleblowing
report and confirmed that there are currently no live whistleblowing complaints.
In ensuring that staff are reminded of the process he advised the Committee that Carys Kennedy will be arranging with the Authority’s Corporate Communications Department to send an e-mail and questionnaire to all staff and that a programme of awareness raising will need to be agreed by the Authority’s Corporate Management Team
Following discussion it was RESOLVED that:
 Members receive a copy of the questionnaire and
correspondence sent out to all staff, for their
information.
 A publicity exercise and review of the
Whistleblowing Policy be considered on an annual basis, if required.
 Clarification on whether new members of staff are made aware of the Whistleblowing Policy.
 Carys Kennedy to report back to a future Committee following Corporate Management Team’s consideration and agreement of an awareness raising plan.

Agenda and minutes Standards – Friday, 29th January, 2021 2.00 pm

MINUTES OF MEETING STANDARDS MEETING FRIDAY, 29TH JANUARY, 2021

Verbal Report

451a Update on Whistleblowing Policy
Following the request at a previous Standards Committee to raise awareness of the Whistleblowing Policy, Carys Kennedy advised that an e-mail was sent out to all staff by the Chief Executive on the 10th November 2020 reminding them of the purpose of the Whistleblowing Policy, which also provided links on the process and how staff can make a complaint.
Although this communication has been sent out, Carys Kennedy advised that no Whistleblowing Complaints have been received to date.
Following discussion, it was RESOLVED that:
 The Whistleblowing Policy and update on any
Whistleblowing Complaints received will be
scheduled for the Standards Committee in March
2022 but Members will be updated as and when any Whistleblowing Complaints are received.

Agenda and minutes Standards – Friday, 16th July, 2021 2.00 pm

MINUTES OF MEETING STANDARDS MEETING FRIDAY, 16TH JULY, 2021

Verbal Report

189 Whistleblowing Complaints
Carys Kennedy advised that there have been no whistleblowing complaints received and that a report on an update will be scheduled for March 2022.
She confirmed that following the request at a previous Standards Committee to raise awareness of the Whistleblowing Policy, an e-mail was sent out to all staff by the Chief Executive reminding them of the purpose of the Whistleblowing Policy, which also provided links on the process and how staff can make a complaint.
Discussion also took place on whether communication with staff should be made on a regular basis to remind them of the process of whistleblowing.

Agenda and minutes Standards – Friday, 16th June, 2023 2.00 pm


Date Written 12th June 2023Report Author Carys Kennedy Exempt/Non Exempt Non Exempt Committee Date 16th June 2023

https://democracy.merthyr.gov.uk/documents/s64196/Committee%20Report.pdf?LLL=0

1.0 SUMMARY OF THE REPORT
1.1 It was agreed at the meeting of the Standards Committee on 2nd September 2022
that an annual report from the Monitoring Officer would be included in the Committee’s work programme.
1.2 Previous meetings of the Standards Committee have been presented with reports
setting out data about whistleblowing referrals that had been made over the course
of previous years and their outcomes.
1.3 At the time of writing this report there are no live whistleblowing complaints, but the Council needs to be certain that staff are reminded of the process and have sufficient information to enable them to make a report if needed. The whistleblowing policy has been updated and approved by Council, with an email being sent to all staff reminding them of the policy and how to access it.
2.0 RECOMMENDATIONS that
2.1 The content of this report be noted.

MINUTES OF MEETING STANDARDS MEETING FRIDAY, 16TH JUNE, 2023

Stream Standards Committee Part 2 16th June 2023

https://stream.merthyr.gov.uk/council-meetings/standards-committee-part-2-16th-june-2023/

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